Telemarketing
Telemarketing is the process of selling products or services over the telephone. It includes inbound and outbound commercial telephone calls. The Federal Communications Commission (FCC), the Federal Trade Commission and state attorneys general enforce telemarketing laws, including, but not limited to, the Telephone Consumer Protection Act and the Telemarketing Sales Rule (TSR) in order to protect consumers from fraud and provide privacy.
FCC Notice of Proposed Rulemaking Could be Existential Threat to Lead Generation Industry
The FCC recently proposed a rule that would turn the lead generation on its head. The proposed new rule goes quite a bit further than simply requiring wireless carriers to block texts from illegitimate numbers. See more, here. In addition to carrier investigation and blocking obligations, as well as an extension of DNC protections to text messages,…
Read Article...TCPA Established Business Relationship Defense Defeats Class Allegations
A TCPA defendant’s motion to strike class action allegations was recently granted by a Northern District of Illinois. The court held that individual questions of consent and the availability of the established business relationship defense made the claims unsuitable for class treatment. In the matter of Sorsby v. TruGreen L.P., 2023 WL 130505 (N.D. Ill.…
Read Article...The FTC, Lead Generation and Telemarketing Sales Rule Do Not Call Enforcement
The Federal Trade Commission continues to investigate and enforce violations of the Telemarketing Sales within the lead generation industry, including lead generators that “assist and facilitate” sellers or telemarketers that violate the TSR. Recent FTC Civil Investigative Demands to lead generators illustrate that the FTC may now be resurrecting the issue of the application of…
Read Article...Richard Newman Authors Article for Lead Generation World on What the Privacy Rights Act – CCPA on Steroids – Means for Lead Generators
FTC compliance and defense attorney Richard B. Newman recently authored an article for Lead Generation World titled “California Voters Pass the Privacy Rights Act – What “CCPA on Steroids” Means for Businesses and Consumers.” On November 3, 2020, California voters approved Proposition 24 – the California Privacy Rights Act of 2020 (“CPRA”). The CPRA amends and revises…
Read Article...SCOTUS Brief Filed in Favor of Expansive Interpretation of ATDS
The Plaintiff in Facebook, Inc. v. Duguid has recently filed its merits brief on this issue of whether the Telephone Consumer Protection Act’s definition of “automatic telephone dialing system,” 47 U.S.C. § 227(a)(1), encompasses a device that can store and automatically dial telephone numbers without using a random or sequential number generator. The Supreme Court case…
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